Job Posting: STAFF ATTORNEY FOR THE STATE LABOR COMMISSIONER

Department of Industrial Relations

JC-293401
-
STAFF ATTORNEY FOR THE STATE LABOR COMMISSIONER
ATTORNEY IV

$11,020.00 - $14,149.00 per Month

Final Filing Date: 3/25/2022

Job Description and Duties

Pending Department of Finance Approval. This posting may be used to fill future vacancies in accordance with 2 CCR §249.3.

Under the general direction of the Assistant Chief Counsel of the Labor Commissioner’s Office:

Prosecutes civil violations of the Labor Code and Wage Orders on behalf of the Labor Commissioner’s Office in the most difficult court actions and proceedings, such as multi-claimant wage and hour cases, public works civil wage and penalty assessments, retaliation complaints, and wage claim de novo trials, in both state and federal trial courts and appellate courts;

In the most difficult and complex cases brought by the Labor Commissioner, prepares pleadings, petitions, and briefs, and conducts litigation, trials and appeals before the trial and appellate courts of California and the United States;

Advises field staff investigators in identifying labor law violations, developing and revising investigation plans, and preparing cases for administrative hearings and civil litigation;

Provides legal support for investigations through enforcement of investigative subpoenas, obtaining inspection warrants, and conducting investigatory depositions;

Assists staff with compliance of the California Public Records Act and provides legal review of records for exemption status;

Defends the Labor Commissioner's Office in lawsuits against the agency and in writs that challenge enforcement assessments levied by the labor commissioner;

Assumes responsibility for the preparation and filing of Administrative rules;

May act as lead person over lower level legal staff;

Analyzes and evaluates proposed legislation affecting the Labor Commissioner’s Office and makes recommendations to the State Labor Commissioner.

This position offers a broad range of rewarding legal work for candidates that seek meaningful use of their JD's. The Labor Commissioner's legal unit supports the preeminent labor law enforcement agency in the country. Attorneys for the Division provide counsel and litigation support for field enforcement staff, litigate and go to trial frequently, and handle a wide range of appellate cases in fulfilling the mission of promoting economic justice through robust enforcement of labor laws. Attorneys also participate in training of staff and development of legislative and regulatory proposals. This position provides an exceptional opportunity for you to become the lawyer you wanted to be when you entered law school.

You will find additional information about the job in the Duty Statement.

Working Conditions

• May work in high-rise building in downtown locations.
• Must work in office. Workspace is a standard office in a smoke-free environment.
• May sit for long periods of time, occasional moderate lifting.
• As needed, an Attorney IV will also have contact with the general public, California State and outside legal, program, court and agency staff via phone, email, in person, via presentation, video and mail. Such contact may include general, confidential, sensitive, technical and informative materials.
• The Attorney IV is expected to travel via land and air (including overnight travel out of town) and arrange schedules to perform duties and meet the objectives of the program.

Minimum Requirements

You will find the Minimum Requirements in the Class Specification.

Additional Documents

Position Details

Job Code #:
JC-293401
Position #(s):
400-000-5780-XXX
Working Title:
STAFF ATTORNEY FOR THE STATE LABOR COMMISSIONER
Classification:
ATTORNEY IV
$11,020.00 - $14,149.00
# of Positions:
Multiple
Work Location:
United States
Job Type:
Permanent, Full Time

Department Information

Statewide recruitment to be filled in either of the following locations: Bakersfield, San Diego, Santa Ana, San Francisco, Fresno, San Jose, Long Beach, Los Angeles, Santa Barbara, Oakland, Santa Rosa, Redding, Stockton, Sacramento, Van Nuys, Riverside, or San Bernardino.

Please specify your preferred location on your job application.

Click Here for a list of DLSE Office Locations


The Department of Industrial Relations (DIR) was established in 1927. Its mission is to improve working conditions for California's wage earners and to advance opportunities for profitable employment in California. DIR administers and enforces laws governing wages, workplace safety and health, apprenticeship training programs, and medical care and other benefits for injured workers.

The mission of the California Labor Commissioner’s Office is to ensure a just day’s pay in every workplace in the State and to promote economic justice through robust enforcement of labor laws. By combating wage theft, protecting workers from retaliation, and educating the public, we put earned wages into workers’ pockets and help level the playing field for law-abiding employers.

About us: Labor Commissioner's Office 

Electronic Submission of Applications preferred. Application Packages maybe submitted electronically through your CalCareer Account by 11:59 p.m. on or before the above final filing date. Please only submit ONE application. Electronic applications submitted through your CalCareer Account are highly recommended and will be received/processed faster than other methods of filing.

Please let us know how you heard about our position by taking this brief survey: DIR Applicant Survey

Department Website: http://www.dir.ca.gov

Special Requirements

  • Applicants must have active membership in the California State Bar
  • Submit Resume
Examination Information

*IMPORTANT* To establish List Eligibility, please see the following CalCareer link(s) for the on-line State of California Attorney IV exam:

Application Instructions

Completed applications and all required documents must be received or postmarked by the Final Filing Date in order to be considered. Dates printed on Mobile Bar Codes, such as the Quick Response (QR) Codes available at the USPS, are not considered Postmark dates for the purpose of determining timely filing of an application.

Final Filing Date: 3/25/2022

Who May Apply

Individuals who are currently in the classification, eligible for lateral transfer, eligible for reinstatement, have list eligibility, are in the process of obtaining list eligibility, or have SROA and/or Surplus eligibility (please attach your letter, if available). SROA and Surplus candidates are given priority; therefore, individuals with other eligibility may be considered in the event no SROA or Surplus candidates apply. Individuals who are eligible for a Training and Development assignment may also be considered for this position(s).

Applications will be screened and only the most qualified applicants will be selected to move forward in the selection process. Applicants must meet the Minimum Qualifications stated in the Classification Specification(s).

How To Apply

Complete Application Packages (including your Examination/Employment Application (STD 678) and applicable or required documents) must be submitted to apply for this Job Posting. Application Packages may be submitted electronically through your CalCareer Account at www.CalCareers.ca.gov. When submitting your application in hard copy, a completed copy of the Application Package listing must be included. If you choose to not apply electronically, a hard copy application package may be submitted through an alternative method listed below:

Address for Mailing Application Packages

You may submit your application and any applicable or required documents to:

Department of Industrial Relations
Attn: Personnel Recruitment & Hiring Unit
1515 Clay St., Suite 409
Oakland, CA 94612

Address for Drop-Off Application Packages

You may drop off your application and any applicable or required documents at:

Department of Industrial Relations
Personnel Recruitment & Hiring Unit
1515 Clay St., Suite 409
Oakland, CA 94612
09:00 AM - 04:00 PM

Required Application Package Documents

The following items are required to be submitted with your application. Applicants who do not submit the required items timely may not be considered for this job:

  • Current version of the State Examination/Employment Application STD Form 678 (when not applying electronically), or the Electronic State Employment Application through your Applicant Account at www.CalCareers.ca.gov. All Experience and Education relating to the Minimum Qualifications listed on the Classification Specification should be included to demonstrate how you meet the Minimum Qualifications for the position.
  • Resume is required and must be included.
  • Statement of Qualifications - •Statement of Qualifications - Please attach your Statement of Qualifications (SOQ) to your application. Applications received without an SOQ will not be considered. Resumes and cover letters will not be accepted in place of an SOQ. Please see Statement of Qualifications section for SOQ instructions.
Applicants requiring reasonable accommodations for the hiring interview process must request the necessary accommodations if scheduled for a hiring interview. The request should be made at the time of contact to schedule the interview. Questions regarding reasonable accommodations may be directed to the EEO contact listed on this job posting.

Desirable Qualifications

In addition to evaluating each candidate's relative ability, as demonstrated by quality and breadth of experience, the following factors will provide the basis for competitively evaluating each candidate:
Bilingual candidates, candidates with significant trial experience such as prosecutors and public defenders, and candidates with experience representing employees in Private Attorneys General Act (PAGA) and Labor Code enforcement actions are especially encouraged to apply.

Benefits

Attorneys are covered by the Unit 2 Memorandum of Understanding and are represented in bargaining by the California Attorneys, Administrative Law Judges and Hearing Officers in State Employment (CASE). Attorneys contribute to funding an excellent defined benefit CalPers retirement, social security, and employees may participate additionally in both 401K and 457 deferred compensation plans. While you work hard to provide economic justice for California workers, you secure economic security for your future.

Contact Information

The Human Resources Contact is available to answer questions regarding the position or application process.

Department Website: http://www.dir.ca.gov
Human Resources Contact:
Certification Unit
(800) 564-0771
cert@dir.ca.gov

Please direct requests for Reasonable Accommodations to the interview scheduler at the time the interview is being scheduled. You may direct any additional questions regarding Reasonable Accommodations or Equal Employment Opportunity for this position(s) to the Department's EEO Office.

EEO Contact:
DIR EEO Officer
(510) 285-3080
EEO@dir.ca.gov
California Relay Service: 1-800-735-2929 (TTY), 1-800-735-2922 (Voice) TTY is a Telecommunications Device for the Deaf, and is reachable only from phones equipped with a TTY Device.

Statement of Qualifications

Type answers to the following inquiries in 12 point type, Times New Roman font. Each answer should be on a separate page and have your name and position number at the top left corner. If your answer to an inquiry is “none,” please so indicate. Your Statement of Qualifications should be eleven pages (1 for each inquiry) and should be submitted with your application and resume.

1.   Identify up to ten matters in which you have served as lead trial counsel in a court trial (civil or criminal) or administrative hearing which lasted more than one day (morning and afternoon sessions), but less than three full days. Please format your response as follows:
Case Name/No.  Court name/location/dept. Judge/Hearing Officer Dates Issues
2.   Identify up to ten matters in which you have served as lead trial counsel in a court trial (civil or criminal) or administrative hearing which lasted three days (morning and afternoon sessions) or more. Please format your response as follows:
Case Name/No.  Court name/location/dept. Judge/Hearing Officer Dates Issues
3.   Identify up to ten matters in which you have served as lead trial counsel in a court trial (civil or criminal) or administrative hearing which lasted more than one day (morning and afternoon sessions) in which alleged violations of the California Labor Code, Orders of the Industrial Welfare Commission, or the Fair Labor Standards Act were some or all of the claims tried. Your response may contain trials/hearings listed in response to inquiries 1 and 2, if applicable. Please format your response as follows:
Case Name/No.  Court name/location/dept. Judge/Hearing Officer Dates Issues
4.   Identify up to ten matters in which you have served as lead trial counsel in a trial to a jury (civil or criminal) which lasted more than one day (morning and afternoon sessions). Your response may contain trials listed in response to inquiries 1 and 2, if applicable. Please format your response as follows:
Case Name/No.  Court name/location/dept. Judge/Hearing Officer Dates Issues
5.   Identify up to ten matters in which you have served as lead appellate counsel in the California Court of Appeal or in a U.S. Circuit Court of Appeals. Please format your response as follows:
Case Name/No.   Court name  Date of decision Cite (if any) Issues 
6.   State any experience that you have as a law clerk for a state appellate court, federal appellate court, or a U.S. District Court. Please format your response as follows:
Court name  Dates (start/end)  Duties
7.   Identify up to ten matters in which you served as lead counsel which included a PAGA cause of action for which a settlement was approved by a court or the case was tried. Your response may contain trials listed in response to inquiries 1, 2, 3, and 4 if applicable.  Please format your response as follows:
Case Name/No.                 Court name  Date Filed          Issues
8.   Identify up to ten matters in which you served as lead counsel in a wage and hour class action. Your response may contain trials listed in response to inquiries 1, 2, 3, 4, 7 if applicable. Please format your response as follows:
Case Name/No.                 Court name  Date Filed          Issues
9.   Identify up to ten matters in which you served as part of a legal team, but not as lead counsel, in a wage and hour class action and/or PAGA action that was approved by a court or tried. Please format your response as follows:
Case Name/No.                 Court name  Date Filed          Issues
10.  Identify up to ten matters in which you prepared a motion for approval of a PAGA action and/or a wage and hour class action.
Case Name/No.                 Court name               Date Motion  Filed          Issues
11.   Describe how your experience, including any work on PAGA cases, prepares you for this position as a trial attorney doing labor law enforcement for the Labor Commissioner’s Office. (Limit answer to 1 page with line spacing of 1.5.)

DIR Mission and Core Values

Our mission is to protect and improve the welfare and working conditions for California's wage earners and to advance opportunities for profitable employment in California. DIR is also committed to ensuring that all employers comply with labor laws in California to support a fair and thriving business environment.

Integrity - We fulfill the promise of our mission through fair, honest and ethical behavior.

Service - We are committed to responsibly serving the public and value their trust.

Respect - We treat others with dignity, courtesy and consideration.

Quality - We take pride in providing the public with accurate and timely services.

Transparency - We conduct ourselves with openness and accountability in all aspects of our work.


Additional Information

Preference will be given to persons with State Restriction of Appointments (SROA) or Surplus status. Applicants must attach a copy of their most recently dated letter that specifies their designation as either SROA or surplus candidate as proof.

Qualified candidates must have eligibility in State employment, be in a reachable rank on an employment list for this classification, be currently in this classification, or have transfer eligibility to this classification.

If you do not hear from us in 4-6 weeks, you may assume the position has been filled by another applicant. Please note that all additional vacancies that become available may be added to this advertisement.

Please note that the Exam and Certification Online System (ECOS) does not allow you to resubmit your application once you withdraw it. If you have any updates to your online application, please contact the Personnel, Recruitment, & Hiring Unit at (800) 564-0771.

Equal Opportunity Employer

The State of California is an equal opportunity employer to all, regardless of age, ancestry, color, disability (mental and physical), exercising the right to family care and medical leave, gender, gender expression, gender identity, genetic information, marital status, medical condition, military or veteran status, national origin, political affiliation, race, religious creed, sex (includes pregnancy, childbirth, breastfeeding and related medical conditions), and sexual orientation.

It is an objective of the State of California to achieve a drug-free work place. Any applicant for state employment will be expected to behave in accordance with this objective because the use of illegal drugs is inconsistent with the law of the State, the rules governing Civil Service, and the special trust placed in public servants.